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HomeMy WebLinkAbout10-02-89 CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 2, 1989 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Nelson, Enright, Sindt, Harvey and Mayor Zaun. Also present: B. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; J. Robinette, Community Development Director; D. Morey, Assistant Community Development Director; J. Hennen, Recycling & Zoning Violations Coordinator; L. Gustafson, Assessment Clerk; C. Friedges, City Clerk. Staff Announcements: Attorney: Roger Knutson requested the council consider the release of lot 5, block 2 from the Cherrywood Heights development contract. Council recommended this item being considered under other business. The city attorney also suggested the council may want to go into executive session following the regular meeting to discuss two pending lawsuits. Engineer: none. Administrator: Bob Erickson asked the council to consider, under .other business, approval of a revised Joint Powers Agreement Establishing the I-35W Council. Citizen Comments: John Williams, 172nd Street resident, asked about the status of the assessments on project 88-1. Bob Erickson explained that the property owners were asked to submit written appeals to the city attorney by Wednesday,. September 27th. Mr. Knutson is prepared to meet individu- ally with the residents this evening in an attempt to resolve these appeals. After the October 11th deadline, property owners will have to reach settlement through the district court. Mr. Erickson went on to explain that Friedges Landscaping was at the 172nd. Street site on Saturday, September 30th, along with an inspector from Donohue & Associates, and repaired sodded areas. The city public works department has some minor restoration work, which will be completed this week. CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 Proclamation by the Mayor. Mayor Zaun explained a national drug prevention effort known as the Red Ribbon Campaign, which will be celebrated in every community in America during "Red Ribbon Week", October 22-29, 1989. He then read a resolu- tion supporting "Red Ribbon Week" in the City of Lakeville and encour- aging all citizens to pledge to the Red Ribbon Campaign. Councilmem- bers made statements in support of this proclamation. 89.374 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 89-142 proclaiming the week of October 22-29, 1989, as "Red Ribbon Week". Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Additions/Deletions to Consent Agenda.. Bob Brantley asked for clarification of item 7g, an ordinance concern- ing City Council meetings. Mayor Zaun read and explained the proposed ordinance to Mr. Brantley. The council removed items 7a, 7m and 7n from the consent agenda for further discussion. Items 10, 11, 12, 15 and 17 were added to the consent agenda. 89.375 Motion was made by Harvey, seconded by Sindt to approve the modified consent agenda as follows: a. (Removed from consent agenda) b. Approve minutes of the September 11, 1989, council meeting. c. Approve claims for payment. d. Receive minutes of the following advisory committee meetings: Planning Commission, September 21, 1989 Parks & Recreation Committee, September 20, 1989 e. Approve change order #3; 172nd Street rehabilitation project 88-1, for the 165th Street trailway. f. Approve final payment and acceptance of improvements; 172nd Street rehabilitation project 88-1. g. Adopt Ordinance No. 390 amending Title 1, Chapter 5, of the Lakeville City Code concerning City Council meetings. h. Adopt Resolution No. 89-138 appointing election judges for November 7th general election. i. Approve change order ~~3 for Foxborough and North Park buildings. 2 • • CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 j. Receive check ($1,844.25) and approve release of all claims from Donohue and Associates in regard to the Kenrick Avenue sidewalk project 84-19B. k. Multi purpose trailway construction and Rolling Oaks Park; approve final payment and acceptance of improvements. 1. Foxborough Park sanitary sewer and water; approve final payment and acceptance of improvements. m. (Removed from consent agenda) n. (Removed from consent agenda) 10. Adopt Resolution No. 89-139 for Dakota County H.R.A. street vacation; 208th Street West. 11. Adopt Zoning Ordinance No. 391; minimum lot area in R-6 zoning district. 12. Adopt Zoning Ordinance No. 392; location of air conditioning units. 15. Approve solid waste abatement work plan and budget for 1990. 17. Adopt Ordinance No. 393 regulating dance halls and cabarets. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 7a. Councilmember Harvey asked that a correction be made to Page 9 of the September 5th council meeting minutes to clarify that the Eureka Town Board meeting he had attended was about a year ago, rather than recently. Harvey stated he is opposed to this item being taken off the table and approved at the September 18th meeting. Mayor Zaun suggested Harvey be given the opportunity to make his statement of objection under Other Business following the meeting. 89.376 Motion was made by Harvey, seconded by Sindt to approve the minutes of the September 5, 1989, council meeting as amended on Page 9. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Items 7m-n. Councilmembers and staff discussed the proposed purchase of a 1989 Ford Bronco from the South Metro Drug Task Force and the trade-in of the Bronco for a 1989 Suburban for the Engineering Department survey crew. 3 CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 Councilmember Harvey expressed his concern that the total price paid not exceed $15,000, as purchases above that amount must be put out for competitive bids. He also questioned whether this type of arrangement is legal. Bob Erickson explained that the staff had reviewed prices from Hennepin County Joint Purchasing, whose prices were higher than the quote received from Todd Chevrolet; and staff felt this vehicle can be purchased at a lower price now than in the spring. He stated he was not comfortable with the $22,000 figure that this vehicle is budgeted for in 1990. He further explained that Lakeville has the first chance to purchase the confiscated vehicle from the drug task force, and feels this action is a creative, cost effective and legal way to pursue acquisition and trade in of these vehicles. Roger Knutson added that the city can look at this total transaction as two separate contracts or a two step transaction; and the City would not be violating the state statute of bidding procedures. Councilmember Nelson asked about the equipment list on the Suburban, and stated that this plush vehicle may not serve as a sufficient work truck. Keith Nelson explained that while some features in the Suburban would not specifically be ordered, it does have the features the Engineering Department requires. The vehicle was made available because of a cancelled order by a private party, and the cost is significantly lower than a 1990 model. Councilmember Harvey asked if the engineering survey crew could operate out of a regular pickup truck with a camper cab. The staff explained that approximately $20,000 in survey equipment would be housed in this vehicle, and felt that a camper cab would not provide sufficient space or security for this equipment. Item 7m. 89.377 Motion was made by Sindt, seconded by Enright to authorize the purchase of a 1989 Ford Bronco confiscated by the South Metro Drug Task Force for $14,726.00. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 7n. 89.378 Motion was made by Sindt, seconded by Enright to authorize the purchase of a 1989 Suburban truck from Todd Chevrolet, with the trade in of the Ford Bronco and $2,443.00 cash, ($17,443.02 total price), and approve the transfer of $5,619 from the 1990 General Fund Engineering Depart- ment Capitol Outlay Budget to provide for this expense. 4 • CITY OF LAKE~IILLE COUNCIL MEETING October 2, 1989 Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 8. Daryl Morey stated he would be available to answer any questions related to the special home occupation permit for Charlene Abraham. The applicant was also present. Councilmember Sindt questioned the requirement that no person other than those who customarily reside on the premises shall be employed in the hone occupation. Ms. Abraham replied that she has no intention of hiring another salon operator. Mr. Morey explained that this wording was taken directly out of the zoning ordinance for home occupations. Councilmember Harvey suggested this wording in the. zoning ordinance be clarified, as it could be misinterpreted to suggest a boarder could be employed in the business. Councilmember Nelson asked if the applicant intents to sell retail products, and Mr. Morey stated she does not. The council also raised a concern over the stipulation that only one customer be serviced at any one time. The council and applicant concurred that three customers could be serviced at any one time, provided the parking demand does not exceed the on site driveway availability. 89.379 Motion was made by Harvey, seconded by Enright to receive the Planning Commission's findings of fact and approve the special home occupation permit for Charlene Abraham to operate a beauty salon in her basement at 6700 169th Street W., with the 15 stipulations as listed in the planning report dated September 15, 1989, (attached to these minutes) and to amend stipulation ~1~12 to read, "no more than three customers be serviced at any one point in time". Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 89.380 Motion was made by Harvey, seconded by Sindt to direct staff to review Section 10.4, 2(a) and 3(a) of the zoning ordinance in an effort to clarify the wording. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Item 9. Daryl Morey was available to answer questions concerning the variance request of Farmers Union Coop Oil Assn. to install a canopy over their existing gasoline pumps located in the front yard of their property 5 • CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 adjacent to 202nd Street. The proposed canopy would be located 10 feet from the 202nd Street right of way, rather than 30 feet as required by the zoning ordinance. The applicant was also present. Councilmember Nelson asked the applicant if he had any concerns or questions with the 11 stipulations as listed in the planning report of September 15th, and the applicant stated he did not. Councilmember Sindt commented that this variance is not being requested due to a self-created hardship, but is the result of right-of-way acquisition for the County Road 64 (202nd Street) realignment. 89.381 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's findings of fact and approve a variance to the front yard building setback requirement for construction of a gasoline pump island canopy, subject to 11 stipulations listed in the planning report dated September 15, 1989, (attached to these minutes). Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Item 13. Keith Nelson presented preliminary Layout ~~2 for Trunk Highway 50 reconstruction from 192nd Street to Dodd Boulevard. The reconstruction would remove the two sharp curves in that area of T.H. 50 and widen them out to accommodate a 50 m.p.h. speed limit design. Keith ex- plained that MnDOT presented, and staff reviewed, Layout ~~1 last December. The staff had requested several changes in the layout, including the extension of an urban street section to 1200 feet northwest of Dodd Boulevard to match the newer pavement. Staff also requested installation of an eight foot bituminous trailway. Keith Nelson gave an overview of the project costs, stating that the City's share of the $1,600,000 project would be approximately $311,000 to cover the cost of the additional curb and gutter requested, storm sewer and bituminous trails. MnDOT would secure all right-of-way. The project is scheduled for construction in the summer of 1992. Councilmembers were concerned about traffic problems at the entrance to Antlers Park on Indra Way, and suggested construction of passing lanes for westbound traffic on T.H. 50 at Indra Way. They were also con- cerned about traffic at the high school entrance and requested only right in and right out turns be constructed. Bob Erickson suggested the city schedule a meeting with MnDOT and School District 194 officials to fine tune the ingress and egress at .the high school. He further suggested the council authorize the city engineer to submit a letter to MnDOT, along with the resolution approving Layout ~~2, outlining the City's safety concerns at the Indra Way and Lakeville High School entrance areas of the project. 6 • ! ! CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 Mayor Zaun suggested the staff review the property involved in regard to future assessments on this project. 89.382 Motion was made by Nelson, seconded by Sindt to adopt Resolution No. 89-140 approving Layout No. 2 for the improvement of Trunk Highway 50 from 1500 feet northwest of 192nd Street to 1200 feet northwest of Dodd Boulevard, and authorize staff to forward the resolution to MnDOT along with a cover letter outlining the Council's recommendations to include a left turn lane at Indra Way and reconstruct the present High School entrance to right-in/right-out turn lanes only. (Cover letter is attached to these minutes). Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Item 14. 89.383 Motion was made by Enright, seconded by Sindt to adopt Resolution No. 89-141 vacating Hirschy Lane as legally described in the attached resolution, with the stipulation that Mr. Brian Knoch combine the two lots he owns into one parcel of record. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. Item 16. 89.384 Motion was made by Harvey, seconded by Enright to receive a letter from Norris Niccum requesting a deferment on his assessment for the property he owns near Ipava Avenue and 165th Street, and direct the staff to review the assessments and report back to the council. Council sug- gested Dennis Feller be the third party mediator and request copies of the following documents from Mr. Niccum: 1) Proof of attempts to sell the property; 2) financial statements; 3) 10-40 form. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Item 18. 89.385 P4otion was made by Sindt, seconded by Enright to appoint Bob Erickson as the delegate and Betty Sindt as the alternate to serve on the Executive Committee of the I-35W Council. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 7 • CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 Other Business. A. Revised Joint Powers Agreement Establishing the I-35W Council. Bob Erickson asked the council to consider approving a revised joint powers agreement for the I-35W Council. He explained that commission- ers from Hennepin County were at the September 20th I-35W Council meeting and expressed a desire to join the committee. The following revisions were made to the joint powers agreement: 1) Hennepin County Regional Railroad Authority was added as a member. 2) State Representatives and Senators whose districts include a Member Governmental Unit were added as ex-officio members. 3) Secretary/Treasurer may designate a person to assist in duties. 4) Paragraph 12, Subd. 2 was corrected by changing December 31, 1990 to December 31, 1995. 5) Paragraph 8, Subd. 15 was changed to designate the method of entering contracts pursuant to the request of the Minneapolis City Attorney. 89.386 Motion was made by Harvey, seconded by Nelson to approve the Revised Joint Powers Agreement Establishing the I-35W Council with the five revisions as listed above. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. B. Release of lot 5, block 2, Cherrywood_Heights. Roger Knutson asked the council to consider approving the release of lot 5, block 2 in Cherrywood Heights from the development contract. He explained that the document would release the lot from any financial obligations of the development contract, and is necessary to complete the closing on this lot. 89.387 Motion was made by Enright, seconded by Nelson to approve the release of lot 5, block 2, Cherrywood Heights from the development contract dated July 1, 1985. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Councilmember Nelson asked if this type of action could be done administratively, and Roger Knutson stated council action is prefer- able. Councilmembers suggested Roger draft a policy that would give the City Administrator the authority to release lots from their development contracts, and bring it back to the Council for their consideration. 8 CITY OF LAKEVILLE COUNCIL MEETING October 2, 1989 C. Statement by Councilmember Harvey - Agreement with MAC for water- main extension to Airlake Airport located in Eureka Township. Councilmember Harvey made a statement regarding his disappointment to this item being removed from the table and acted on by the Council in his absence at the September 18th meeting. He went on to state that the extension of water to Airlake Airport will, in some time, incur maintenance costs by the City of Lakeville, and there will be no revenue to offset those costs. The citizens will receive nothing but anguish as a result of this. Harvey stated that MAC found itself in restraint by not being able to supply water to this "hobby" airport, and will now be free to continue operating a low quality hanger, of a quality the city would not allow. He stated he sees no reason why this agreement should have been approved, and does see reasons why it should not have been approved. 89.388 Motion was made by Harvey, seconded by Enright to adjourn the council meeting and convene in executive session to discuss pending lawsuits. Roll call was taken on the motion. Ayes, unanimous. Time: 9:00 p.m. Respectfully submitted, Charlene Friedges, City Clerk Du ne Zaun, M o 9